The Conservation of Habitats and Species Regulations 2017

Transitional provisions

141.—(1) Any licence granted for any purpose by Natural England, the Countryside Council for Wales, the Natural Resources Body for Wales or the Marine Management Organisation before 30th November 2017 under regulation 53(1) or (4) or 54 of the 2010 Regulations (licences for certain activities relating to animals or plants, licences for the introduction of new species, respectively), or which immediately before that date has effect as if it were granted by any of those bodies under any of those provisions(1), is to have effect from that date as a licence granted for that purpose under regulation 55(1) or (4) or 56 of these Regulations, respectively.

(2) Any application for a licence made before 30th November 2017 under regulation 53(1) or (4) or 54 of the 2010 Regulations, or which immediately before that date is treated as made under any of those provisions(2), and which (in either case) is not determined or withdrawn before that date, is to be treated as an application made under regulation 55(1), or (4) or 56 of these Regulations, respectively.

(3) Any agreement previously entered into by Natural England, the Countryside Council for Wales or the Natural Resources Body for Wales under regulation 16 of the 2010 Regulations (management agreements), or having effect as if it had been entered into by any of those bodies under that provision(3), which is in force immediately before 30th November 2017 has effect as if it were a management agreement entered into by Natural England or the Natural Resources Body for Wales (as the case may be) under regulation 20 (management agreements) of these Regulations.

(4) Any management scheme previously established by any of the relevant authorities under regulation 36 of the 2010 Regulations (management scheme for European marine site)(4) which is in force immediately before 30th November 2017 has effect as if it were a management scheme established by the authority in question under regulation 38 (management scheme for European marine site) of these Regulations.

(5) Any byelaw—

(a) made under section 20 of the 1949 Act as applied by virtue of regulation 30 of the 2010 Regulations (power to make byelaws)(5),

(b) to which regulation 33 of those Regulations (continuation in force of existing byelaws) applies; or

(c) made under regulation 38 of the 2010 Regulations (European marine sites: byelaws and orders)(6),

and which is in force immediately before 30th November 2017, has effect as if it were a byelaw made under section 20 of the 1949 Act (byelaws for protection of nature reserves) as applied by virtue of regulation 32 (power to make byelaws), or under regulation 40 (European marine sites: byelaws and orders) of these Regulations, respectively.

(6) An authorisation of a wildlife inspector under regulation 108 of the 2010 Regulations (wildlife inspectors), is to have effect as if granted under regulation 114 of these Regulations (wildlife inspectors).

(1)

See regulation 134(1) of the 2010 Regulations.

(2)

See regulation 134(2) of the 2010 Regulations.

(3)

See regulations 17 and 134(5) of the 2010 Regulations.

(4)

Regulation 36(1) was amended by S.I. 2012/1927.

(5)

Section 20 was amended by the Telecommunications Act 1984 (c. 12),Schedule 4, paragraph 28; the Water Act 1989 (c. 15), Schedule 25, paragraph 13; the Communications Act 2003 (c. 21), Schedule 17, paragraph 20(1) and (2); and the Natural Environment and Rural Communities Act 2006 (c. 16), Schedule 11, paragraph 15(d).

(6)

Regulation 38(5) was revoked by S.I. 2012/1927.